An Analysis Of The Right Of Residence After Divorce

With the increase of divorce, property division especially housing segmentation has become an important problem, the "marriage law judicial interpretation(three)" the divorce proceedings of housing segmentation done more detailed provisions, but these Provisions are too contract, living without room after divorce is difficult to solve. China’s "marriage law judicial interpretation(a)" in the provisions of the "the right of habitation" has a very important role, but on the specific design of the system there are still blank.This article is divided into four parts. In the first part, by a few divorce cases leads to the focus of this article,the right of habitation after divorce; In the second part will introduce basic knowledge of the concept of the right of habitation after divorce, including its meaning and function, the origin of the right of habitation, the right of habitation after divorce’s characteristics; In the third part, we will learn the legislation in different countries around the world, for example Germany and France in the continental law system about the right of habitation after divorce, in the Anglo-American law system are emphatically introduced legislation the right of habitation after divorce in Britain and the United States. After the research and analysis of national legislation there is a summary; In the fourth part, through the research of other countries’ legislation, combining with our national conditions and judicial practice, after the analysis of the actual state of legislation about the right of habitation after divorce, I will put forward the suggestions of our legislative of the right of habitation after the divorce.